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HINDUSTAN PETROLEUM CORPORATION LIMITED (A Government of India Enterprise)

Kota Retail Regional Office 3-A-5, Rangbari Road, Nr. Keshavpura Circle, Talwandi, Kota 324 005

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TENDER FOR HIRING OF OFFICE PREMISES IN KOTA

Hindustan Petroleum Corporation Ltd (HPCL), invites sealed offers for taking “Office Premises” on Lease Basis in two bid system from interested parties owning the Office Premises:

a) Technical Bid. b) Price Bid.

Area Required: Between 3500 SFT to 4500 SFT of carpet area.

The area shall be situated in the same floor of the building or with two consecutive floor in the same building. However, incase of two consecutive floors, each floor should have atleast 1500 SFT of carpet area.

The bidder may offer higher carpet area, however rent shall be calculated and paid upto the maximum limit of 4500 SFT of carpet area.

Period of Lease: 5 years with renewal option for another 2 terms of 5 years each. Location of Office Premises: Property being offered shall be in any of the following areas in Kota City of Rajasthan State.

1. From Railway Station to Antaghar circle to Kotri Chauraha to Aerodrome circle to Gobriya bawdi circle to Anantpura Tiraha.

2. From DCM Circle to Aerodrome circle to CAD circle to Chambal Garden. 3. From CAD Circle to Keshavpura chauraha to Ghatothkach Circle to Kabir Circle to Khade

Ganashji Tample. 4. From Gobriya bawadi circle to Ghatothkach Circle to GAD Circle to Kota Dairy Plant. 5. From Anantpura Tiraha to Kabir Circle to Kota University. 6. From Talwandi circle to Mahaveer nagar 1st circle. 7. From Commerce College to Talwandi Circle to Keshavpura circle to Teen batti circle to GAD

Circle to R K Puram Police Station. 8. On Dadabari Road. 9. From L.I.C. office on Rangbari Road to Ahinsa circle to BSNL Circle to Football ground

(Rawatbhata road). 10. From Sainji Maharaj circle to BSNL circle to Kalpana Chawla circle. 11. From Agnishamak Kendra to Asinsa circle to Bansal Public School. 12. Government Law College to Kalpana Chawla circle to Government Medical College. 13. From Dakniya Railway station road connecting IL township. 14. Indraprastha Industrial Area Road No. 1,2,3,4,5,6. 15. From Antaghar circle to Borkheda.

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Terms & Conditions: 1. The property of the subject premises should have a clear marketable title and the owner

should have absolute & exclusive ownership of the premises with undisputed possession. 2. The property offered should have all statutory approvals / clearance such as Municipal Urban

Land Ceiling, Building Construction Approvals and Occupancy Certificate etc., for use as Office for Commercial / Office use Purpose.

3. Incase, any of statutory approvals / clearance such as Municipal Urban Land Ceiling, Building Construction Approvals and Occupancy Certificate etc., for use as Office for Commercial / Office use Purpose are not available, bid can be accepted at HPCL discretion, subject to submission of a duly notarized indemnity Bond-cum-undertaking (Format Attached – Annexure II) along with the application. Proof of applications submitted for various approvals to the concerned authority should be submitted along with the Technical Bid. However, such bids shall be considered for technical evaluation, only when no other bid (meeting above clause no. 2) is technically acceptable.

4. The premises should have all basic amenities like toilets, water, electricity, lift (if offered space is on 2nd floor & above), car parking space for atleast 3 cars & proper approach from the main road. Incase peripheral walls (with plaster), flooring, electrical connection, separate electrical meter, water supply arrangement, lift (if offered space is on 2nd floor & above), toilet with fittings etc. are not readily available; the bidder shall have to indemnify HPCL to the effect that the referred facilities shall be made available within one month of Letter of acceptance by HPCL at no extra cost to HPCL (Format Attached – Annexure III).

5. The building should have preferably power back up for lifts & common area lighting. 6. Bidder’s to attach necessary documents in support of structural stability of building from

Govt. Registered Structural Engineers. HPCL reserves the right to check the stability of the building thru Competent Person/s and decide accordingly.

7. Premises should be with easy access and good surroundings and should be well connected with public transport. Necessary local statutory approval for setting up the office shall be obtained by the bidder.

8. In case the premises are owned by more than one owner, such joint owners can quote through one of them holding power of attorney duly notarized.

9. The Interiors / Air Conditioning shall be carried out by HPCL, without structural changes. Separate provision should be available for installation of AC outdoor units on non-chargeable basis for HPCL requirements.

10. Brokers/ Property Dealers need not apply. 11. Selection of the premises shall be on lowest offer basis (NPV1 @ 10%) with the total rental

outgo for HPCL among the technically acceptable offers for the total lease period of 15 years. 12. The bid shall remain valid for a period of 180 days from the date of opening of the unpriced

bid of the tender. Bid valid for shorter period may be rejected by the HPCL as non-responsive. 13. Payments shall be made to the owner through e-transfer, on monthly basis. 14. Society maintenance charges, Amenity Charges and other Charges, if any, other than water &

power are required to be borne by the owner of the property. Electricity Connection shall be taken by Land Lord & only charges towards consumption of electricity shall be paid by HPCL.

15. All Municipal / Govt / Other Taxes / Charges / Cess / levies shall be borne by the owner of the property.

1 Net Present Value: Please refer enclosed sample calculations for details.

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16. The Technical/Unpriced offers found suitable, after the initial scrutiny of the documents would be taken up for technical visit of the premises by a technical committee for assessment of the premises offered. Decision of the technical committee on the suitability of any premises shall be final and binding on the bidders.

17. Price bid offers of the premises qualified by the technical committee shall be opened in the presence of the qualified bidders on pre-specified date.

18. In case if any of the documents like title deed, building permission and other approvals are in local language (other than in Hindi and English), duly notarized English translation of the documents are to be submitted along with the documents.

19. The successful bidder/s shall execute HPCL’s Standard lease agreement with HPCL (please refer enclosed draft lease agreement for details). Necessary Stamp duty charges for the lease agreement will be borne and paid by HPCL. Successful bidder will co-ordinate for the same and bear any incidental charges.

20. The bidder shall have to indemnify HPCL to the effect that the offered property is not subject to any attachment, lien, charge, recovery or litigation in the Standard Format (Format Attached – Annexure I)

21. Separate provision should be available for installation DG Set and Earth Pits / Connections on non-chargeable basis for HPCL requirements (DG to be provided and maintained by HPCL).

22. HPCL, may depending upon requirement modify / amend conditions or cancel the applications.

23. Bid document is not transferable. Fax / e- mail bids shall not be accepted 24. In case of any clarifications, tenderer may contact Shri Rajesh Kumar Singh, Ch. Regional

Manager – Kota Retail Region , Phone No: +91 80033 53111 OR Shri Anurag Agrawal, Sr. Manager – Retail Upgradation, Kota Retail Region, Phone No: +91 87695 88881.

25. Bidders are requested to quote rates in the price bid only (format enclosed), please do not quote / mention rates anywhere else in the tender other than price bid. In case bidder quotes rates at any other place (other than the price bid), the rates quoted in price bid shall only be considered for evaluation. In case bidder happens to be lowest basis above evaluation, the lower of the two rates (mentioned by bidder at any other place in tender and rates mentioned in the price bid) shall be applicable for future considerations.

26. No suo-moto reduction in prices quoted by bidder shall be permitted after tender submission due date & time/ extended due date & time. If any bidder unilaterally reduces the prices quoted by him in his bid after opening of bids, the bid(s) of such bidder(s) will be liable to be rejected. Such reduction shall not be considered for comparison of prices but shall be binding on the bidder in case he happens to be a successful bidder for future considerations.

27. Tenders received after the stipulated date and time for receipt of the tenders, due to any reason will not be considered.

28. Courts in the city of KOTA alone shall have Jurisdiction to entertain any application or other proceedings in respect of anything arising under this tender either before or after or during the finalisation of the tender.

29. In case of any dispute in the interpretation of the terms and conditions of the tender, the decision of the Corporation shall be final and binding.

30. Interested party may submit their offers as per details given below :

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A) TECHNICAL / UNPRICED BID (To be submitted in a sealed envelope superscribing “TECHNICAL/ UNPRICED BID for LEASING Office Premise at KOTA”) Technical/ Unpriced bid must contain following details/ documents:

a. Name & Photograph of the owners of the property, address & Contact Phone number details.

b. Complete Address of the offered property. c. Area ( Built up ) in sq feet d. Area ( Carpet ) in sq feet e. Photograph of the offered property. f. Government approval for usage of property for the purpose. g. Building usage permission OR Notarized Bond-cum-undertaking (Annexure II). h. Stability Certificate of building from Govt. Registered Structural Engineers. i. Key plan of approved drawings/ plan of the premises clearly marking the area of

space offered and space allocated for minimum of 3 car parking. j. Notarized Indemnity to the effect that the offered property is not subject to any

attachment, lien, charge, recovery or litigation (Annexure I) k. Power of attorney, if applicable l. Notarized Indemnity to the effect that the referred facilities shall be made available

within one month of Letter of acceptance by HPCL at no extra cost to HPCL (Format Attached – Annexure III)

m. English translations of the documents (Duly Notarized) n. Copy of this tender document (26 pages) with sign at the bottom of each page as

token of acceptance to the terms of tender. Please note that there shall not be any reference of the OFFERED PRICE in the Technical Bid. Bidders are requested to quote rates in the price bid only, please do not quote / mention rates anywhere else in the tender other than price bid. In case bidder quotes rates at any other place (other than the price bid), the rates quoted in price bid shall only be considered for evaluation. In case bidder happens to be lowest basis above evaluation, the lower of the two rates (mentioned by bidder at any other place in tender and rates mentioned in the price bid) shall be applicable for future considerations. B.PRICE BID: (To be submitted in a sealed envelope superscribing “PRICE BID for LEASING Office Premise at KOTA” as per enclosed format) The Price Bid shall have rate mentioned in Rupees per sq feet of carpet area. The rate quoted shall be mentioned both in figures and words legibly without any over writing/s.

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General Terms / Instructions The price bid and unpriced bid (Technical Bid) shall be kept in separate sealed envelopes super scribing the bid type & duly sealed. Both these envelopes shall be kept in another sealed envelope and shall be super scribed as “PRICE BID for LEASING for Office Premises – KOTA” and shall be submitted before the due date and time at above address at Kota. Tenders submitted without complying with the above requirement are liable for rejection and the decision of HPCL shall be final in this regard. The bids received in open / un-sealed condition are also liable to be rejected. HPCL reserves the right to reject any or all Offers at its discretion and also cancel the process without assigning any reason whatsoever. After opening of the technical bids, HPCL at its discretion, may ask the bidder(s) for clarifications/ additional documents on their bids. Last date of submission of offers: 25-Oct-2018 @ 1500 HRs (IST) Date for opening of the Technical / Unpriced Bids: 25-Oct-2018 @ 1530 HRs (IST) Bids received thru e-mail / fax or any other mode other than the submission of Hard Copy at the above address shall not be accepted. Bids received after the due date and time shall be rejected and the representative of such bidders shall not be allowed to attend the tender proceedings. HPCL shall not be responsible for any postal delays. The Technical cum unpriced bids would be opened at the date & time mentioned above in the presence of bidders present. Grievances of parties participating or indent to participate in the tender shall be addressed in writing to the officer designate of the Grievance Redressal Cell where the tenders have to be submitted within the stipulated period. Detailed mechanism of Grievance Redressal is available on the HPCL website. In case of any dispute in the interpretation of the terms and conditions of the tender, the decision of the Corporation shall be final and binding. The Arbitration, if any, shall be dealt as per our Standard Arbitration Procedure (Format Attached) All the documents attached to this, shall form part of tender. The Bidders are requested to sign at the bottom of the each page as token of acceptance to the terms of tender.

The separately sealed tender covers of unpriced bid and priced bid are to be dropped before due date and time i.e. 25-Oct-2018 @ 1500 HRs at HPCL, Kota Retail Regional Office, 3-A-5, Rangbari Road, Nr. Keshavpura Circle, Talwandi, Kota 324 005 in the tender box superscribed as "TENDR BOX"

placed at the entrance in locked condition.

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All disputes and differences of whatsoever nature, whether existing or which shall at any time arise between the

parties hereto touching or concerning the agreement, meaning, operation or effect thereof or to the rights and

liabilities of the parties or arising out of or in relation thereto whether during or after completion of the contract or

whether before after determination, foreclosure, termination or breach of the agreement (other than those in respect

of which the decision of any person is, by the contract, expressed to be final and binding) shall, after written notice

by either party to the agreement to the other of them and to the Appointing Authority hereinafter mentioned, be

referred for adjudication to the Sole Arbitrator to be appointed as hereinafter provided.

The appointing authority shall either himself act as the Sole Arbitrator or nominate some officer/retired officer of

Hindustan Petroleum Corporation Limited (referred to as owner or HPCL) or any other Government Company, or any

retired officer of the Central Government not below the rank of a Director, to act as the Sole Arbitrator to adjudicate

the disputes and differences between the parties. The contractor/vendor shall not be entitled to raise any objection

to the appointment of such person as the Sole Arbitrator on the ground that the said person is/was an officer and/or

shareholder of the owner, another Govt. Company or the Central Government or that he/she has to deal or had dealt

with the matter to which the contract relates or that in the course of his/her duties, he/she has/had expressed views

on all or any of the matters in dispute or difference.

In the event of the Arbitrator to whom the matter is referred to, does not accept the appointment, or is unable or

unwilling to act or resigns or vacates his office for any reasons whatsoever, the Appointing Authority aforesaid, shall

nominate another person as aforesaid, to act as the Sole Arbitrator.

Such another person nominated as the Sole Arbitrator shall be entitled to proceed with the arbitration from the stage

at which it was left by his predecessor. It is expressly agreed between the parties that no person other than the

Appointing Authority or a person nominated by the Appointing Authority as aforesaid, shall act as an Arbitrator. The

failure on the part of the Appointing Authority to make an appointment on time shall only give rise to a right to a

Contractor to get such an appointment made and not to have any other person appointed as the Sole Arbitrator.

The Award of the Sole Arbitrator shall be final and binding on the parties to the Agreement.

The work under the Contract shall, however, continue during the Arbitration proceedings and no payment due or payable

to the concerned party shall be withheld (except to the extent disputed) on account of initiation, commencement or

pendency of such proceedings.

The Arbitrator may give a composite or separate Award(s) in respect of each dispute or difference referred to him

and may also make interim award(s) if necessary.

The fees of the Arbitrator and expenses of arbitration, if any, shall be borne equally by the parties unless the Sole

Arbitrator otherwise directs in his award with reasons. The lumpsum fees of the Arbitrator shall be Rs. 40,000/- per

case for transportation contracts and Rs. 60,000/- for engineering contracts and if the sole Arbitrator completes the

arbitration including his award within 5 months of accepting his appointment, he shall be paid Rs. 10,000/- additionally

as bonus. Reasonable actual expenses for stenographer, etc. will be reimbursed. Fees shall be paid stagewise i.e. 25%

on acceptance, 25% on completion of pleadings/documentation, 25% on completion of arguments and balance on receipt

of award by the parties.

Subject to the aforesaid, the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or

re-enactment thereof and the rules made thereunder, shall apply to the Arbitration proceedings under this Clause.

The Contract shall be governed by and constructed according to the laws in force in India. The parties hereby submit

to the exclusive jurisdiction of the Courts situated at Kota for all purposes. The Arbitration shall be held at Kota and

conducted in English language.

The Appointing Authority is the Functional Director of Hindustan Petroleum Corporation Limited.

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Annexure – I

INDEMNITY BOND – CUM – UNDERTAKING (ON STAMP PAPER OF RS. 100/- DULY NOTORISED)

This Indemnity Bond cum Undertaking is executed on this _______________ day of

________ 201_ by S/Shri________________________ and ________________ residing at ________________________ the land lords/owners of the premises (hereinafter called “the Indemnifier”, which expression shall include his/their legal heirs, successors and assigns) in favour of Hindustan Petroleum Corporation Ltd. (HPCL), a Government of India Enterprise, registered under the Companies Act, 1956, having its Registered Office at 17, Jamshedji Tata Road, Mumbai – 400020 and a Zonal Office at First Floor , Shree Balaji Alfa Bazaar , Opp : Thakorbhai Desai Hall , High Street – 1 , Law Garden , Ahmedabad – 380 006 (hereinafter called “ the Indemnified” which expression shall include its successors and assigns). WHEREAS the indemnified has proposed to take Building/Premises on lease in pursuance of tender/bid ________________________ dated ___________. WHEREAS I/We the indemnifier am/are the Sole/Joint owner/s of the Building/Premises (hereinafter referred to as Demised Premises) located at _________________ which is proposed to be taken on Lease by HPCL for the proposed Retail Regional Office of their, Kota Retail Region. AND WHEREAS I/We am/are offering the Demised Premises bearing Khata No :______, Khasra No:________, Carpet Area____________ of Mauza __________ Thana No:__________, District_________ to HPCL on Lease for a period of 5+5+5 years on mutually agreed rentals. AND WHEREASE I/We am/are the sole/joint owner of the Demand Premises and as such I/We am/are entitled to lease the same to HPCL. AND WHEREASE I/We understand that as required under the terms & conditions of the tender/Bid ___________ dated ___________. I/We “the Indemnifier” hereby irrevocably and unconditionally and jointly and severally undertake that the demised premises is free from all encumbrances whatsoever & has/is never been subject to any attachment, Lien, charge, Mortgage, recovery or litigation. The Indemnifier further undertakes to indemnify and always keep indemnified, “the Indemnified” HPCL from and against all demands, loss or damage or cost, charge, expense, suit or proceedings caused to or suffered or would be caused to or suffered by the Indemnified. In addition to this, the Indemnified HPCL will be at liberty to terminate the said lease without assigning any reason & without prejudice to any other rights arising in its favour and can initiate action as deemed fit by it & I/We agree and undertake not to raise any objection/Protest/Counter claim etc. against the Corporation. AND “the Indemnifier” hereby agree/s with “the Indemnified” that this Indemnity shall remain valid and irrevocable until the settlement of all claims of “the Indemnified” arising hereunder. In witness “the Indemnifier” have hereunto set and subscribed his/their hand this day and year first herein above written in the presence of witnesses.

(_________________________________) Executor/Indemnifier .

IN THE PRESENCE OF: WITNESS: 1. (_________________________________) 2. (_________________________________)

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Annexure – II

INDEMNITY BOND – CUM – UNDERTAKING (ON STAMP PAPER OF RS. 100/- DULY NOTORISED)

This Indemnity Bond cum Undertaking is executed on this _______________ day of ________ 201_ by S/Shri________________________ and ________________ residing at ________________________ the land lords/owners of the premises (hereinafter called “the Indemnifier”, which expression shall include his/their legal heirs, successors and assigns) in favour of Hindustan Petroleum Corporation Ltd. (HPCL), a Government of India Enterprise, registered under the Companies Act, 1956, having its Registered Office at 17, Jamshedji Tata Road, Mumbai – 400020 and a Zonal Office at First Floor , Shree Balaji Alfa Bazaar, Opp : Thakorbhai Desai Hall , High Street – 1 , Law Garden , Ahmedabad – 380 006 (hereinafter called “the Indemnified” which expression shall include its successors and assigns). WHEREAS the indemnified has proposed to take Building/Premises on lease in pursuance of tender/bid ________________________ dated ___________. WHEREAS I/We the indemnifier am/are the Sole/Joint owner/s of the Building/Premises (hereinafter referred to as Demised Premises) located at _________________ which is proposed to be taken on Lease by HPCL for the proposed Retail Regional Office of their, Kota Retail Region. AND WHEREAS I/We am/are offering the Demised Premises bearing Khata No :______, Khasra No:________, Carpet Area____________ of Mauza __________ Thana No:__________, District_________ to HPCL on Lease for a period of 5+5+5 years on mutually agreed rentals. AND WHEREASE I/We am/are the sole/joint owner of the Demand Premises and as such I/We am/are entitled to lease the same to HPCL. AND WHEREASE I/We understand that as required under the terms & conditions of the tender/Bid ___________ dated ___________. I/We am/are at present not able to submit the statutory approvals / clearance such as Municipal Urban Land Ceiling, Building Construction Approvals and Completion/ Occupancy Certificate/ documents and therefore undertake to submit the same at the earliest on its receipt/ availability. NOW THIS INDENTURE WITNESSETH THAT, in consideration of the premises aforesaid “the Indemnifier” hereby irrevocably and unconditionally and jointly and severally undertake to indemnify and always keep indemnified, “the Indemnified” HPCL from and against all demands, loss or damage or cost, charge, expense, suit or proceedings caused to or suffered or would be caused to or suffered by the Indemnified INCLUDING THE AMOUNT SPENT ON THE INTERIORS. IN CASE OF EVICITION ORDERED BY THE COMPETENT AUTHOTITY/COURT by reasons of accepting the lease without completion / occupancy certificate thereof AND jointly and severally undertake to pay to “the Indemnified” on first demand in writing without protest or demur the amount as specified in the said demand.

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In addition to this, the Indemnified HPCL will be at liberty to terminate the said lease without assigning any reason & without prejudice to any other rights arising in its favour and can initiate action as deemed fit by it & I/We agree and undertake not to raise any objection/Protest/Counter claim etc. against the Corporation. AND “the Indemnifier” hereby agree/s with “the Indemnified” that this Indemnity shall remain valid and irrevocable until the settlement of all claims of “the Indemnified” arising hereunder. In witness “the Indemnifier” have hereunto set and subscribed his/their hand this day and year first herein above written in the presence of witnesses.

(_________________________________)

Executor/Indemnifier . IN THE PRESENCE OF: WITNESS: 1. (_________________________________) 2. (_________________________________)

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Annexure – III INDEMNITY BOND – CUM – UNDERTAKING

(ON STAMP PAPER OF RS. 100/- DULY NOTORISED) This Indemnity Bond cum Undertaking is executed on this _______________ day of ________ 201_ by S/Shri________________________ and ________________ residing at ________________________ the land lords/owners of the premises (hereinafter called “the Indemnifier”, which expression shall include his/their legal heirs, successors and assigns) in favour of Hindustan Petroleum Corporation Ltd. (HPCL), a Government of India Enterprise, registered under the Companies Act, 1956, having its Registered Office at 17, Jamshedji Tata Road, Mumbai – 400020 and a Zonal Office at First Floor , Shree Balaji Alfa Bazaar, Opp : Thakorbhai Desai Hall , High Street – 1 , Law Garden , Ahmedabad – 380 006 (hereinafter called “the Indemnified” which expression shall include its successors and assigns). WHEREAS the indemnified has proposed to take Building/Premises on lease in pursuance of tender/bid ________________________ dated ___________. WHEREAS I/We the indemnifier am/are the Sole/Joint owner/s of the Building/Premises (hereinafter referred to as Demised Premises) located at _________________ which is proposed to be taken on Lease by HPCL for the proposed Retail Regional Office of their, Kota Retail Region. AND WHEREAS I/We am/are offering the Demised Premises bearing Khata No :______, Khasra No:________, Carpet Area____________ of Mauza __________ Thana No:__________, District_________ to HPCL on Lease for a period of 5+5+5 years on mutually agreed rentals. AND WHEREASE I/We am/are the sole/joint owner of the Demand Premises and as such I/We am/are entitled to lease the same to HPCL. AND WHEREASE I/We understand that as required under the terms & conditions of the tender/Bid ___________ dated ___________. I/We am/are at present not able to provide peripheral walls, electrical connection with requisite load capacity, separate electrical meter, water supply arrangement, lift (if offered space is on 2nd floor & above), toilet etc. NOW THIS INDENTURE WITNESSETH THAT, in consideration of the premises aforesaid “the Indemnifier” hereby irrevocably and unconditionally and jointly and severally undertake to indemnify

that peripheral walls, electrical connection with requisite load capacity, separate electrical meter, water supply arrangement, lift (if offered space is on 2nd floor & above), toilet etc. shall be made available by us within one month of Letter of acceptance by HPCL at no extra cost to HPCL. In witness “the Indemnifier” have hereunto set and subscribed his/their hand this day and year first herein above written in the presence of witnesses.

(_________________________________) Executor/Indemnifier .

IN THE PRESENCE OF: WITNESS: 1. (_________________________________) 2. (_________________________________)

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Format for Price Bid

a. Name of the owners of the property, address & Contact Phone number details:

b. Complete Address of the property:

c. Offered Area ( Built up ) in sq feet:

d. Offered Area ( Carpet ) in sq feet:

S. No.

Year2 Quoted Rentals (Rs. per month per sq.ft. of carpet area)

(In Figures) (In Words)

1 Year 1

2 Year 2

3 Year 3

4 Year 4

5 Year 5

6 Year 6

7 Year 7

8 Year 8

9 Year 9

10 Year 10

11 Year 11

12 Year 12

13 Year 13

14 Year 14

15 Year 15

Signature of Applicant

2 Starting from date of lease registration

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Sample Calculations for bid Evaluation

Bidder 1 Bidder 2 Bidder 3 Bidder 1 Bidder 2 Bidder 3 Bidder 1 Bidder 2 Bidder 3

1 Year 1 100 1500 100 1200 18000 1200 1,200 18,000 1,200

2 Year 2 200 1400 900 2400 16800 10800 2,182 15,273 9,818

3 Year 3 300 1300 200 3600 15600 2400 2,975 12,893 1,983

4 Year 4 400 1200 1000 4800 14400 12000 3,606 10,819 9,016

5 Year 5 500 1100 300 6000 13200 3600 4,098 9,016 2,459

6 Year 6 600 1000 1100 7200 12000 13200 4,471 7,451 8,196

7 Year 7 700 900 400 8400 10800 4800 4,742 6,096 2,709

8 Year 8 800 800 1200 9600 9600 14400 4,926 4,926 7,389

9 Year 9 900 700 500 10800 8400 6000 5,038 3,919 2,799

10 Year 10 1000 600 1300 12000 7200 15600 5,089 3,054 6,616

11 Year 11 1100 500 600 13200 6000 7200 5,089 2,313 2,776

12 Year 12 1200 400 1400 14400 4800 16800 5,047 1,682 5,888

13 Year 13 1300 300 700 15600 3600 8400 4,971 1,147 2,676

14 Year 14 1400 200 1500 16800 2400 18000 4,866 695 5,214

15 Year 15 1500 100 800 18000 1200 9600 4,740 316 2,528

144000 144000 144000 63041 97600 71269

Lowest Highest Inbetween

Selected

Bidder

NPV = Net Present Value

NPV Formula = Quoted Rentals / (1+10/100)^(Number of years -1)

Year

Quoted Rentals (Rs. per month) Quoted Rentals (Rs. per YEAR) NPV (Rs. per YEAR @ 10%)

TOTAL

S.No.

LEASE AGREEMENT

THIS DEED OF LEASE made on .......... day of ...................... two thousand Fifteen

BETWEEN _______________________________, all represented through their

Constituted Authority / Authorized representative _________________ having his office at

_________________________, hereinafter referred to as “the LESSORS”, (which

expression shall unless excluded by or repugnant to the context include their respective

heirs, executors, administrators, legal representatives and assigns) of the FIRST PART

AND HINDUSTAN PETROLEUM CORPORATION LIMITED, a Government

Company within the meaning of Section 617 of the Companies Act, 1956, having its

registered office at Petroleum House, 17, Jamshedji Tata Road, Mumbai - 400 020, and

carrying on business at __________________________________________________

hereinafter referred to as “the LESSEE”, (which expression shall unless excluded by or

repugnant to the subject or context mean and include its successor(s)-in-interest and assigns)

of the OTHER PART -

W H E R E A S :

A. The Lessors have represented to the Lessee as follows:

A.1 At present the Lessors are the lawful absolute owners of and/or well and sufficiently

entitled to premises no. _______________________ more fully described in the

First Schedule hereunder written and hereinafter referred to as “the said Premises”

and have clear and marketable title thereto and the absolute, unfettered and

unrestricted right to grant lease in favour of the Lessee in respect of the entire

_______________________________(hereinafter referred to as “the Demised

Premises”) of the building erected on the said Premises or part thereof and more

fully described in the Second Schedule hereunder written and shown delineated in

_______ in the map or plan annexed hereto in consideration of the rent hereby

reserved and on the terms and conditions contained hereinafter.

- 2 -

A.2 The Demised Premises is free from all encumbrances, charges, liens, claims,

demands, mortgages, tenancies licences, occupancy rights, trusts, debutter

prohibitions restrictions restrictive covenants executions acquisitions requisitions

attachments vestings alignments easements liabilities and lis pendens whatsoever.

B. The Lessors are willing to grant a lease in favour of the Lessee in respect of the

Demised Premises for a period of _ years commencing from ____________ and

expiring on ______________ with an option to the Lessee to renew this lease for a

further period of _____ years on the terms and conditions hereinafter contained.

C. Believing the aforesaid representations and warranties of the Lessors to be true and

correct and acting on the faith thereof the Lessee has agreed to enter into this lease

on the terms and conditions stipulated and for the consideration stated hereinafter

and that in the event of any of the aforesaid representations or warranties being

proved incorrect or false or breached by the Lessors, the same shall furnish to the

Lessee ground(s) for termination of this Lease.

NOW THIS DEED WITNESSETH AND IT IS HEREBY AGREED BY AND

BETWEEN THE PARTIES as follows:

1. In the premises aforesaid and in consideration of the rent hereby reserved and of the

covenants and conditions hereinafter contained and on the part of the Lessee to be

observed and performed, the Lessors do hereby grant and demise unto the Lessee

ALL THAT the entire ____________________ (hereinafter referred to as “the

Demised Premises”) in the building erected on the said Premises or part thereof and

more fully described in the Second Schedule hereunder written and shown

delineated in _______ in the map or plan annexed hereto for a period of __ (____)

years commencing from ___________ and expiring on __________________

yielding and paying therefor unto the Lessors during the said period of _____ years

the monthly rent as follows :

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From To Rent

2. The monthly rent shall be payable by the Lessee on or before the __th day of the

month succeeding the month for which the same shall become due.

3. All Municipal/Govt./other taxes/charges/cess/levies on the offered premises shall be

borne by the Lessors.

4. Monthly maintenance charges (if applicable) are included in the rentals mentioned

hereinabove. No separate maintenance charges are payable by the Lessee to the

Lessor.

5. All payments due and/or payable by the Lessee to the Lessors shall be made by way of

e-payment and shall be paid directly in the account of the respective Lessors in equal

proportions. The Lessors shall have to submit an E-mandate form for the same

providing the details of their account and duly certified by the Bank.

6. All payments made by the Lessee to the Lessor shall be subject to deduction of tax at

source under the provisions of the Income Tax Act. The Lessee shall submit

appropriate certificates thereof to the Lessor evidencing such deduction.

7. THE LESSEE HEREBY COVENANTS WITH THE LESSORS as follows:

7.1 The Lessee, at its option, may take out an insurance policy, at its own costs, for

its stores, equipment, furniture, fixtures and other movables belonging to the

Lessee and located in the Demised Premises;

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7.2 The Lessee shall not store any combustible or hazardous materials in the

Demised Premises, except cooking gas in the pantry set up in the Demised

Premises;

7.3 The Lessee shall use the Demised Premises only for the purposes for which it

has been leased to the Lessee;

7.4 The Lessee shall pay for the electricity consumed by it in the Demised

Premises as per meter readings of the existing meter provided by UPPCL or

relevant authority for that purpose;

7.5 The Lessee shall keep and maintain the Demised Premises, its interior and

partition walls, interior structural parts and supports in a state of good

tenantable repair, order and condition and particularly so as to support, shelter

and protect the other parts of the said building besides the Demised Premises;

7.6 The Lessee shall attend to all minor repairs including fuses, leakage of water

taps and such other matters in the Demised Premises at its own costs;

7.7 The Lessee shall pay from time to time during the said term the rent(s)

including increases in rent as aforesaid and maintenance charges whenever due

which the Lessee is liable to pay as agreed under these presents and to observe

and perform all the covenants and conditions contained in these presents. All

dues that become payable to the Lessors in accordance with the terms of these

presents shall be paid by the Lessee in the manner and within the time as

stipulated herein;

7.8 The Lessee shall allow the Lessors and/or their authorised agents, surveyors

and/or workmen to enter into the Demised Premises at all reasonable times,

after adequate and reasonable prior notice to the Lessee, for the purpose of

either viewing the condition of the Demised Premises or for doing such work

as may be required or necessary for repairs, alterations or improvements of the

said building / Demised Premises or for any other purpose connected with this

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Lease or for enabling the Lessors to perform any of their covenants and

conditions contained herein;

7.9 The Lessee shall pay charges for the water consumed by it in the Demised

Premises in accordance with the separate meter that may be provided for that

purpose. In case no separate meter is provided or is not feasible to be provided,

the Lessee agrees to pay to the Lessors such charge as may be apportioned by

the Lessors which shall be determined / based on reasonable criteria. These

charges shall be reviewed for each year of this Lease. The review in the water

charges is conditional upon the water consumed being un-metered. In the event

of separate meter connection being installed the water charges would be on

actuals as per the bills received. Such charges shall take into consideration the

cost of providing water to the Lessors and be relatable to the water consumed

by the Lessee in the Demised Premises. The bills for such charges will be

raised by the Lessors, and will be payable to the Lessors within 15 days of

receipt of such bills. The Lessors shall ensure that there is adequate and

continuous water supply for the Demised Premises;

7.10 The Lessee shall not create and/or cause or allow to be caused any nuisance in

the said premises and/or to the other tenants.

7.11. The Lessee shall not use or permit or suffer to be used the Demised Premises

or any part or portion thereof for any illegal, immoral and/or prohibited trade /

commercial activities and shall not do or cause or permit or suffer to be done

on the Demised Premises or any part thereof anything which may be or become

a nuisance or annoyance or which may cause damage to the Lessors or other

occupiers for the time being of any other part of the said Premises.

7.12. The Lessee will be entitled and permitted to use the Demised Premises for

official purpose for themselves, their employeesor for any of their group,

associate, subsidiary, joint venture companies and their employees, existing

as of now or which may come into being in future,.

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7.13 The Lessee shall not make any change in the outer look or design of the

glazing, the curtain wall or any side elevation of the Demised Premises.

8. THE LESSORS TO THE INTENT THAT THE OBLIGATION MAY

CONTINUE THROUGHOUT THE TERM HEREBY GRANTED, DO

HEREBY COVENANT WITH THE LESSEE in the manner following:

8.1 The Lessors are the absolute owners of and/or well and sufficiently entitled

to the said Premises including the Demised Premises and are entitled to grant

lease of the Demised Premises in favour of the Lessee in terms hereof;

8.2 The Demised Premises is free from all encumbrances charges liens claims

demands mortgages tenancies (except the continued possession of the Lessee

herein) licences occupancy rights trusts debutter prohibitions restrictions

restrictive covenants executions acquisitions requisitions attachments

vestings alignments easements liabilities and lis pendens whatsoever.

8.3 The Lessee regularly and punctually paying the rents hereby reserved and

observing and performing the covenants, conditions and stipulations herein

contained and on its part to be observed and performed the Lessors shall

permit the Lessee to peacefully and quietly hold and occupy the Demised

Premises without any interruption whatsoever by the Lessor or any of them

or any person or entity claiming through or under or in trust for the Lessors

or any of them during the said term.

8.4 The Lessee will be entitled, without requiring any prior permission from the

Lessors therefore, to obtain all utilities such as telephones, facsimile, cable

T.V., internet, leased line including installation of tower in the building

premises, if required, electricity and/or any other utilities that may be

invented or marketed hereafter. The Lessee shall be allowed to make

arrangements for putting earthing strip(s) along the side of the building to

and into the ground of the land comprised in the said Premises;

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8.5 The Lessee shall according to its needs and requirements be entitled to make

at its costs additions, alterations, repairs and/or renovations in the Demised

Premises from time to time to make it suitable to carry on its activities

including erecting, fixing, setting up or installing partitions, furniture,

fittings, fixtures, furnishings, electrical / electronic and other equipment,

either by itself and/or through any outside agency. The Lessor hereby consent

to the same Provided that for any addition or alteration requiring the

permission of ________ or any other Authority, the Lessee shall apply for

and obtain necessary permission and the Lessor shall extend all cooperation

for the same. The amount of rent shall not be increased because of such

additions and/or alterations and/or improvements, etc. if any in the Demised

Premises that may be made by the Lessee.

8.6 The rules and regulations governing and/or applicable to the said building

comprised in the said Premises have been and are being complied with and

would continue to be complied with by the Lessors even through the Lessee’s

use of the Demised Premises for commercial purposes.

8.7 The Lessors shall maintain, upkeep and preserve the said building and the said

Premises and properly maintain and operate the common services and facilities

and common areas in the said Premises including the lifts if any, and electrical

equipment in the said Building and shall provide maintenance services for the

general upkeep of the said Building and the said Premises. The same may be

done by the Lessors themselves and/or through any agency. However, the

Lessors shall be ultimately responsible to the Lessee for the maintenance and

upkeep of the said Building and the services and facilities as mentioned above.

8.8 The Lessors shall authorize the Lessee to make all arrangement including

laying of cables and any other equipments deemed necessary for maintaining

regular power supply.

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8.9 The Lessors shall regularly and without any default pay the entire municipal

taxes and all other statutory levies on the said building and/or the said

Premises.

8.10 The Lessors shall be liable to pay both Owner’s and Occupier’s share of all

Municipal Corporation Tax, duties, levies, cesses related to past or at present

leviable by Government / local authorities in respect of the Demised Premises.

Any increase in taxes due to new imposition of taxes/cess/levies in whatsoever

form and pertaining to the Demised Premises shall also be payable by the

Lessors.

8.11 The Lessors shall not make any construction in the said Premises which may

cause damage to the Demised Premises.

8.12 The Lessors agree to keep and shall keep the Lessee free, harmless, saved

and indemnified of from and against all actions, proceedings, demands and

claims on account of absence or defect, if any, in the Lessors’ title to the said

Premises or the Demised Premises and/or on account of non-payment of

municipal rates, taxes, levies, cesses, duties, other outgoings etc. to the

relevant authorities.

9. PROVIDED ALWAYS AND IT IS FURTHER AGREED BY AND BETWEEN

THE PARTIES as follows:

9.1 The Lessee shall be entitled to make or cause to be made in the Demised

Premises such interior decorations, improvements, additions, alterations and

renovations (hereinafter collectively referred to as “the changes”) which are

of Lessee’s normal day to day requirements and/or beneficial to the Lessee.

The Lessee shall ensure that there is no major disruption or disturbance

caused to other occupiers of the said building if any, except minor

disturbances like hammering for setting up partitions, furniture etc. while the

changes are undertaken in the Demised Premises and the Lessors hereby

- 9 -

accord their consent thereto. The erection of temporary partitions or making

of cabins and similar such changes by the Lessee shall not be construed to be

additions or alterations. The Lessee shall not be required to take the Lessors’

permission to carry out any work not being work of structural or permanent

nature, including painting, polishing, installing, repairing electrical / sanitary

fittings, polishing, installing, repairing electrical / sanitary fittings and

carrying out any plumbing work in the Demised Premises.

9.2 In relation to the changes as aforesaid the Lessee shall be entitled to :

(a) have free and unrestricted access for itself, its agents, contractors,

labourers and men to and exit from the Demised Premises with or

without any material in connection with undertaking the changes;

(b) to obtain support from the walls, ceilings and floors as might be

required from time to time in the execution of the said interior

decoration;

(c) to fix cables, gadgets and other tools and equipments that might be

found useful for the purposes of beneficially using the Demised

Premises;

(d) to fix such items as might be found necessary inside the Demised

Premises for better use of the Demised Premises;

(e) to bring in such gadgets, tools, implements and equipment for making

arrangement to get the support from the walls and ceilings of the

building at the Demised Premises for getting better utility, value and

comfort therefrom;

It being clarified that all equipment, tools, implements, fittings,

fixtures, air-conditioners and all other items brought by the Lessee for

the purpose of interior decoration and/or changes will remain the sole

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and absolute property of the Lessee and the Lessors will have no right

to the same. It is further clarified that in the event of the Lessee

requiring any permission of Kanpur Development Authority or any

other authority for any internal addition or alteration the Lessors shall

duly assist the Lessee in obtaining such permission at the costs of the

Lessee.

9.3 The Lessors shall always have the right to lawfully add, demolish, construct

further stories or any structure or make any additions to or alterations in the

said building or any portion thereof at any time in future or as may be found

necessary and expedient by the Lessors and as may be permissible in

accordance with the applicable laws, rules and regulations and the Lessors

shall give prior intimation thereof to the Lessee. Such additions or alterations

shall not be done in the Demised Premises or in a manner which may affect

the Demised Premises or its structural strength or any right or enjoyment of

the Lessee under this Lease or which may disrupt the functioning of the

Lessee or which may cause any inconvenience to the Lessee. The Lessee

shall not create any unnecessary obstructions and/or disturbances in such

work of the Lessors.

9.4 If due to any default of the Lessors, the Lessee is compelled to pay any

amount to or in respect of the Demised Premises on account of arrears of

rates, taxes or any other outgoings the Lessee shall be at liberty and entitled

to deduct such amounts from the rents payable to the Lessors;

9.5 The Lessors shall have the right to enter upon the Demised Premises during

the term of the Lease for purposes of undertaking inspections, repairs to the

structure or any electric equipment, laying or relaying of any electric cables

and water lines which may be passing or are to pass through the Demised

Premises if in the opinion of the Lessors such inspections, repairs to the

structure or any electric equipment, laying or relaying of any electric cables

and water lines are required to be undertaken in the general interest of the

said building. In such an event, the Lessor shall give prior notice to the

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Lessee of reasonable duration and carry out such work within such timings as

agreed upon with minimum inconvenience to and without disrupting the

normal activities of the Lessee. The Lessors shall duly repair and make good

any damages caused to the Demised Premises or any portion of its interiors

or any equipment or article belonging to the Lessee during such work

undertaken by the Lessors.

9.6 The Lessee at its option shall be entitled to renew this Lease for a further

period of _______ (_____________) years from ____________ on such

terms and conditions as may be agreed mutually between the parties hereto.

For such renewal a fresh Deed of Lease will be executed and registered by

the parties.

9.7 If at any time during the period of lease, the premises or any part thereof be

destroyed or damaged by fire or for any other causes, the Lessor will bear the

expenses for the destruction or damage caused to the exterior/interior of the

premises.

9.8 All notices required to be served by either of the parties hereto upon the other

shall be deemed to have been duly and effectively served if delivered by hand

or addressed by Registered Post with Acknowledgement Due at the following

addresses and such services shall be deemed to have been effected in the case

of delivery by hand, on the date on which it was so delivered, and in the case

of delivery by Registered Post with Acknowledgement Due on the date the

registered notice is received by the addressee or on the fifth day from the date

of posting the same, whichever is earlier :

In the case of the Lessor :

Shri

In the case of the Lessee :

Hindustan Petroleum Corporation Limited,

______________________________________________

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9.9 The terms of this Lease shall not be altered or added to or omitted

except by means of writing, duly signed by both the parties hereto.

9.10 Failure of either party to exercise promptly any right herein granted, or to

require strict performance of any obligation undertaken herein, shall not be

deemed a waiver of such right or of the right to demand subsequent

performance of any and all obligations herein undertaken by the respective

parties.

10. The costs of the stamp duty and registration would be equally shared by the Lessors

& lessee.

11. Each party shall bear and pay their / its own lawyer’s fees and legal expenses/

charges.

12.1 All dispute or difference arising out of or in relation to this Agreement shall be

firstly mutually discussed and differences are to be mutually resolved by the parties.

In case the disputes and difference are not mutually resolved within sixty (60) days

after formal written notice of dispute or difference has been given by one party to the

other but continue to subsist, the same shall be referred to sole arbitration of

Director-Marketing of the Lessee Corporation or of some officer of the corporation

who may be appointed as sole arbitrator by the said Director-Marketing of the

corporation to adjudicate the disputes and difference between the parties.

12.2 In the event of the sole Arbitrator to whom the matter is referred vacates office or is

unable to act for any reasons, Director-Marketing of the Lessee Corporation shall

appoint another officer of the Lessee Corporation as Sole Arbitrator.

12.3 The Sole Arbitrator so appointed shall be entitled to proceed with the Arbitration

from the stage at which it was left by his / her predecessor. It is term of this

Agreement that no person other than the person appointed by the Director-Marketing

of the Lessee Corporation shall act as Sole Arbitrator.

- 13 -

12.4 The award of the Sole Arbitrator shall be final, conclusive and binding on both the

parties to the agreement, subject to the provisions of the Arbitration and Conciliation

Act, 1996 or any statutory modification or reenactments thereof. The rules made

there under for the time being in force shall apply to the arbitration proceeding under

this clause.

13. This Deed of Lease shall be signed and executed and duly registered at and the

original thereof will be kept by the Lessee and a copy thereof by the Lessors.

THE FIRST SCHEDULE ABOVE REFERRED TO

(“the said Premises”)

ALL THAT the land and premises together with a building constructed thereon or part

thereof situate at and being Premises No. ______________________________and butted

bounded as follows :

ON THE EAST : By __________

ON THE WEST : By __________

ON THE NORTH : By _________

ON THE SOUTH : By __________.

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THE SECOND SCHEDULE ABOVE REFERRED TO

(“the Demised Premises”)

ALL THAT the entire ____________________ in the building comprised in the Premises

no. ______________ (described in the First Schedule hereinbefore) shown delineated in

________ in the map or plan annexed hereto.

IN WITNESS WHEREOF the parties hereto have set and subscribed their respective

hands on the day month and year first abovewritten.

SIGNED AND DELIVERED by the

withinnamed Lessors at _______________

in the presence of :

SIGNED AND DELIVERED by the

withinnamed Lessee at

__________________ in the presence of :

DATED THIS DAY OF 2014

BETWEEN

... Lessors

AND

HINDUSTAN PETROLEUM CORPORATION

LTD.

... Lessee